- 21 - We are of the opinion that under all of the facts and circumstances of this case a fair and reasonable fee would be a total of 35% of the market value of the bonds recovered, with Lynch to be responsible for the payment of Reardon's fee of 15% of the market value of the bonds recovered. As a result, Lynch must refund to the estate the full amount of the compensation allowed by the Court to Reardon. That is, Lynch must refund the amount of $171,966.90 to the estate. In addition, because Lynch paid Reardon's fee from estate assets without any authority and because of our finding that the amount of compensation taken by Lynch and Reardon and allowed by the auditing judge is unreasonable and excessive, Lynch must pay interest on the $171,966.90 refund at the rate of six percent from the date of payment to Reardon until the date of the refund. Lynch made the payment at his peril and deprived the estate of the opportunity to earn interest on the money. It is only fair that he now make the estate whole for the estate's loss. The $171,966.90 refund is, of course, in addition to the refund of $23,559.09 which he must make on account of the overpayment of his own fee. Concerning the interest to be paid on the surcharges imposed by the auditing judge on Lynch and Reardon, it is apparent that the auditing judge imposed interest on the full amount of the money he found that Lynch received without subtracting from that amount the amount of the compensation he found to be reasonable. It was clearly error for the auditing judge to find Lynch liable for the payment of interest on the full amount of the money he found Lynch to have received. Lynch's obligation for interest runs only on the difference between the amount of money he took as his fee and the amount of his fee which the auditing judge found to be reasonable. That is, he need only pay interest on the sum of $23,559.09 at the rate of six percent from the time of receipt until the time of refund. Following the issuance of the Orphans' Court's opinion and order on August 1, 1989, all parties appealed Judge Pawelec's order to the Superior Court, which affirmed the order on June 13, 1990.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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